STATE OF NEW-JERSEY O F T H E. Printed by ISAAC COLLINS, Printer to the State. HOLDEN AT TRENTON THE nth DAY OF DECEMBER M.DCC.LXXXVI 11.

Transcription

1 M I N U T E S O F T H E C O N V E N T I O N O F T H E STATE OF NEW-JERSEY HOLDEN AT TRENTON THE nth DAY OF DECEMBER T R E N T O N : Printed by ISAAC COLLINS, Printer to the State. M.DCC.LXXXVI 11. NEW BRUNSWICK, REPRINTED, MCMLIX

2 M I N U T E S O F T H E CONVENTION O F T H E STATE OF NEW-JERSEY TRENTON Juesday, Deember 11, JOHN FELL, Peter Zabriskie, Cornelius Hennion, John Neilson, John Beatty, Benjamin Manning, Samuel Breese, William Crawford, John Witherspoon, Jaob R. Hardenbergh, Frederik Frelinghuysen, Thomas Reynolds, George Anderson, Joshua M. Wallae, Rihard Howell, Andrew Hunter, Benjamin Whitall, Jesse Hand, Jeremiah Eldredge, Matthew Whillden, John Stevens, David Brearley, Joshua Corshon, William Windes, William Woodhull, John J. Faesh, David Potter, Jonathan Bowen, Eli Elmer, Robert Ogden and Thomas Anderson, being assembled in Pursuane of the Resolution of the Legislature of this State, unanimously passed at Trenton, Otober 29, 1787, they proeeded to appoint Mr. Beatty, Mr. Frelinghuysen and Mr. Hand, a Committee to reeive and examine the Certifiates of the Eletion of the Members of this Convention, and to report on the same. Adjourned till To-morrow Morning ten o'clok.

3 RUTGERS UNIVERSITY LIBRARY 3 Wednesday, Deember 12, The Convention met pursuant to Adjournment. Present as before, together with John Chetwood, Samuel Hay and David Crane, Delegates from the County of Essex, Whitten Cripps and Edmund Wetherby, two of the Delegates from the County of Salem, and Robert Hoops, one of the Delegates from the County of Sussex. Mr. Beatty, from the Committee, reported, that the following Persons, viz. John Fell, Peter Zabriskie, Cornelius Hennion, John Chetwood, Samuel Hay, David Crane, John Neilson, John Beatty, Benjamin Manning, Samuel Breese, William Crawford, John Witherspoon, Jaob R. Hardenbergh, Frederik Frelinghuysen, Thomas Reynolds, George Anderson, Joshua M. Wallae, Rihard Howell, Andrew Hunter, Benjamin Whitall, Whitten Cripps, Edmund Wetherby, Jesse Hand, Jeremiah Eldredge, Matthew Whillden, John Stevens, David Brearley, Joshua Corshon, William Windes, William Woodhull, John J. Faesh, David Potter, Jonathan Bowen, Eli Elmer, Robert Ogden, Thomas Anderson and Robert Hoops, have been duly eleted agreeably to the Resolution of the Legislature, passed on the 29th of Otober last. To whih Report the Convention agreed. Elisha Lawrene, one of the Delegates from the County of Monmouth, produed a Certifiate of his being duly eleted; whih being read and approved, he took his Seat in Convention. The Convention proeeded to the Choie of a President, by Ballot, when the Honourable John Stevens, Esquire, was eleted. The Convention then proeeded to the Choie of a Seretary, also by Ballot, when Samuel-Witham Stokton, Esquire, was eleted. William Rogers was appointed Doorkeeper. Mr. Brearly, Mr. Hardenbergh and Mr. Neilson, were appointed a Committee to draw up and report Rules for the Government of this Convention during their Sitting. The Convention adjourned till To-morrow Morning ten o'clok.

4 12 THE JOURNAL OF THE Thursday, Deember 13, The Convention met agreeably to Adjournment. Present as before. Resolved, That the Rev. Mr. Armstrong be requested to open the Business of the Convention every Morning during their Sitting with Prayers. The Committee appointed Yesterday, to form Rules for the Government of this Convention, made their Report 3 whih, being onsidered and amended, was agreed to as follows: RULES for onduting Business in the Convention of New Jersey. I. T H E Convention shall be opened every Morning with Prayers. II. When the President assumes the Chair, the Members shall take their Seats. III. The minutes of the preeding Day shall be read, and, if neessary, may be orreted. IV. Every Petition, Memorial, Letter, or other Thing of the like Kind, read in the Convention, shall be deemed as lying on the Table for further Consideration, unless any speial Order be moved thereon. V. A motion made and seonded, shall be repeated by the President 3 a Motion shall be redued to writing if the President or any two Members require it ; a Motion may be withdrawn by the Member making it before any Deision is had thereon. VI. A Motion of Postponement or Amendment shall always be in Order, and onsidered as the previous Question. VII. If a Question under Debate ontains several Points, any Member may have it divided. VIII. No Member speaking shall be interrupted but by a Call to Order by the President, or by a Member through the President. IX. No Member shall be referred to in Debate by Name. X. Every Member, when he hooses to speak, shall rise and address the President j when two Members hane to rise at the same Time, the President shall name the Person who is to speak first.

5 RUTGERS UNIVERSITY LIBRARY 13 XI. Every Member shall ondut himself with Deeny and Deorum. The President himself, or by Request, may all to Order any Member who shall transgress the Rules 3 if the Disorder be ontinued or repeated, the President may refer to him by Name 3 the Convention may then examine and ensure the Member's Condut, he being allowed to extenuate or justify himself. XII. Every Member shall be in his Plae at the Time the Convention stands adjourned to, or within Half an Hour thereafter. XIII. No Member shall speak more than one in a Debate, until every Member who hooses shall have spoken on the same. XIV. The Yeas and Nays may be alled and entered on the Minutes, when any two Members require it. XV. A Motion to adjourn may be made at any Time, and shall always be in Order, and the Question thereon shall be put without any Debate. Resolved, That the At of the Legislature of this State, passed at Trenton, November 1, 1787, giving Authority for the People thereof, by their Delegates, to meet in Convention, to deliberate upon, and, if approved of by them, to ratify the Constitution for the United States, proposed by the General Convention held at Philadelphia, be read 3 whereupon the same was read by the Seretary. Resolved, That the Constitution for the United States of Ameria, agreed to in Convention at Philadelphia, September 17, 1787, be also read 5 whereupon the same was read aordingly. Resolved, That the usual Time of the Meeting of the Convention be at ten o'clok in the Morning, and of Adjournment at three o'clok in the Afternoon. Resolved, That the Federal Constitution be now read by Setions, and, upon eah Setion's being read, every Member do make his Observations on the same, if any he hath to make 5 that, after debating on suh Setion, the Question be taken, whether any further Debate be thereon had 3 and, if the said Question be determined in the Negative, that the Convention do then proeed in like manner to the next Setion, until the Whole be gone through upon whih the general Question shall be taken, Whether this Convention, in

6 14 THE JOURNAL OF THE the Name and in Behalf of the People of this State, do ratify and onfirm the said Constitution. The Convention adjourned till To-morrow Morning ten o'clok. Friday, Deember 14, The Convention met Present as before. Ordered, That the Doors of this Convention be open during the Sitting. The Convention, in pursuane of their Resolution of Yesterday, proeeded to onsider and deliberate upon the proposed Federal Constitution by Setions. The Convention adjourned till To-morrow Morning ten o'clok. Saturday, Deember 15, The Convention met Present as before. The Convention proeeded further to onsider and deliberate upon the before mentioned Constitution by Setions. The Convention adjourned to meet again on Monday Morning next at ten o'clok. Monday, Deember 17, The Convention met Present as before. A Petition from Messrs. Quequelle and Wilson, Printers in Trenton, praying to be appointed by the Convention to print their Proeedings, was presented and read. The Convention proeeded further to onsider and deliberate upon the said Constitution by Setions; and having gone through the same, on Motion, Resolved, That the said Constitution be again read To-morrow Morning. The Convention adjourned till To-morrow Morning ten o'clok.

7 RUTGERS UNIVERSITY LIBRARY 15 Tuesday, Deember 18, The Convention met Present as before. Agreeably to the Resolution of Yesterday, the Federal Constitution was again read 3 and, after debating thereon, the general Question, viz. Whether this Convention, in the Name and in Behalf of the People of this State, do ratify and onfirm the said Constitution, was put; whih was determined in the Affirmative unanimously. Resolved, That Mr. Brearley, Mr. Witherspoon, Mr. Neilson, Mr. Beatty and Mr. Hunter, be a Committee for drawing up the Form of the Ratifiation of the proposed Constitution, on the Part of this State. Resolved, That Mr. Bowen and Mr. Whillden be a Committee for the Purpose of reporting a State of the Expenses attending the Business of this Convention. The Convention adjourned to six o'clok this Evening. The Convention met Present as before. Mr. Brearley, from the Committee appointed for drawing up the Form of the Ratifiation, reported, that they had, agreeably to the Order of the Convention, drawn up a Form, whih, being read and amended, was agreed to as follows: IN CONVENTION of the STATE OF NEW-JERSEY. WHEREAS a Convention of Delegates from the following States, viz. New-Hampshire, Massahusetts, Connetiut, New-York, New- Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia, met at Philadelphia, for the Purpose of deliberating on and forming a Constitution for the United States of Ameria, finished their Session on the seventeenth Day of September last, and reported to Congress the Form whih they had agreed upon, in the Words following, viz. T T 7E, the People of the United States, in order to form a more VV perfet Union, establish Justie, ensure domestik Tran quility, provide for the ommon Defene, promote the general Welfare, and seure the Blessings of Liberty to ourselves and our

8 16 THE JOURNAL OF THE Posterity, do ordain and establish this Constitution for the United States of Ameria. < A R T I C L E I. Set. i. All legislative Powers herein granted shall be vested in a Congress of the United States, whih shall onsist of a Senate and House of Representatives. Set. 2. The House of Representatives shall be omposed of Members hosen every seond Year by the People of the several States, and the Eletors in eah State shall have the Qualifiations requisite for Eletors of the most numerous Branh of the State Legislature. ' No Person shall be a Representative who shall not have attained to the Age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when eleted, be an Inhabitant of that State in whih he shall be hosen. 1 Representatives and diret Taxes shall be apportioned among the several States whih may be inluded within this Union, aording to their respetive Numbers, whih shall be determined by adding to the whole Number of free Persons, inluding those bound to Servie for a Term of Years, and exluding Indians not taxed, three-fifths of all other Persons. The atual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in suh Manner as they shall by Law diret. The Number of Representatives shall not exeed one for every Thirty Thousand, but eah State shall have at least one Representative ; and until suh Enumeration shall be made, the State of New- Hampshire shall be entitled to hoose three, Massahusetts eight, Rhode-Island and Providene Plantations one, Connetiut five, New-York six, New-Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North-Carolina five, South-Carolina five, and Georgia three. When Vaanies happen in the Representation from any State, the Exeutive Authority thereof shall issue Writs of Eletion to fill suh Vaanies. The House of Representatives shall hoose their Speaker and other Offiers 3 and shall have the sole Power of Impeahment.

9 RUTGERS UNIVERSITY LIBRARY 17 Set. 3. The Senate of the United States shall be omposed of ' two Senators from eah State, hosen by the Legislature thereof, ' for six Years 5 and eah Senator shall have one Vote. Immediately after they shall be assembled in Consequene of ' the first Eletion, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vaated at the Expiration of the seond Year, of the seond Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one Third may be hosen every seond Year 3 and if Vaanies happen by Resignation, or otherwise, during the Reess of the Legislature of any State, the Exeutive thereof may make temporary Appointments until the next Meeting of the Legislature, whih shall then fill suh Va anies. ' No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when eleted, be an Inhabitant of that State for whih he shall be hosen. The Vie-President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall hoose their other Offiers, and also a President pro-tempore, in the Absene of the Vie-President, or when he shall Exerise the Offie of President of the United States. The Senate shall have the sole Power to try all Impeahments. When sitting for that Purpose, they shall be on Oath or Affirma tion. When the President of the United States is tried, the Chief Justie shall preside: And no Person shall be onvited without the Conurrene of two Thirds of the Members present. Judgment in Cases of Impeahment shall not extend further than to Removal from Offie, and Disqualifiation to hold and en- ' joy any Offie of Honour, Trust or Profit under the United States, but the Party onvited shall nevertheless be liable and subjet to Inditment, Trial, Judgment and Punishment, aording to Law. Set. 4. The Times, Plaes and Manner of holding Eletions for Senators and Representatives, shall be presribed in eah State ' by the Legislature thereof 5 but the Congress may at any Time by ' Law make or alter suh Regulations, exept as to the Plaes of ' hoosing Senators.

10 18 THE JOURNAL OF THE The Congress shall assemble at least one in every Year, and suh Meeting shall be on the first Monday in Deember, unless they shall by Law appoint a different Day. Set. 5. Eah House shall be the Judge of the Eletions, Re turns and Qualifiations of its own Members, and a Majority of eah shall onstitute a Quorum to do Business 3 but a smaller Num ber may adjourn from Day to Day, and may be authorized to om pel the Attendane of absent Members, in suh Manner, and under suh Penalties as eah House may provide. Eah House may determine the Rules of its Proeedings, punish its Members for disorderly Behaviour, and, with the Conurrene of two Thirds, expel a Member. Eah House shall keep a Journal of its Proeedings, and from Time to Time publish the same, exepting suh Parts as may in ' their Judgment require Serey 3 and the Yeas and Nays of the Members of either House on any Question shall, at the Desire of ' one Fifth of those present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three Days, nor i to any other Plae than that in whih the two Houses shall be sitting. Set. 6. The Senators and Representatives shall reeive a Com- 6 pensation for their Servies, to be asertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, ' exept Treason, Felony and Breah of the Peae, be privileged from Arrest during their Attendane at the Session of their respe tive Houses, and in going to and returning from the same 3 and for any Speeh or Debate in either House, they shall not be questioned in any other Plae. No Senator or Representative shall, during the time for whih he was eleted, be appointed to any ivil Offie under the Authority of the United States, whih shall have been reated, or the Emolu- ' ments whereof shall have been enreased during suh Time; and no Person holding any Offie under the United States, shall be a Member of either House during his Continuane in Offie. Set. 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or onur with Amendments as on other Bills.

11 RUTGERS UNIVERSITY LIBRARY 19 Every Bill whih shall have passed the House of Representa tives and the Senate, shall, before it beome a Law, be presented to the President of the United States, if he approve he shall sign it, but if not he shall return it, with his Objetions to that House in whih it shall have originated, who shall enter the Objetions at Large on their Journal, and proeed to reonsider it. If after suh Reonsideration two Thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objetions, to the other House by whih it shall likewise be reonsidered, and, if approved by two Thirds of that House, it shall beome a Law. But in all suh Cases the Votes of both Houses shall be determined by Yeas ' and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of eah House respetively. If any Bill shall not be returned by the President within ten Days (Sundays exepted) after it shall have been presented to him, the same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in whih Case it shall not be a Law. Every Order, Resolution, or Vote, to whih the Conurrene of the Senate and House of Representatives may be neessary (exept on a Question of Adjournment) shall be presented to the Presi dent of the United States 3 and, before the same shall take Effet, shall be approved by him, or, being disapproved by him, shall be re-passed by two Thirds of the Senate and House of Representa tives, aording to the Rules and Limitations presribed in the Case < of a Bill. ' Set. 8. The Congress shall have Power ' To lay and ollet Taxes, Duties, Imposts and Exises, to pay the Debts and provide for the ommon Defene and general Wel fare of the United States 5 but all Duties, Imposts and Exises, shall be uniform throughout the United States 3 To borrow Money on the Credit of the United States -y To regulate Commere with foreign Nations, and among the several States, and with the Indian Tribes 3 To establish an uniform Rule of Naturalization, and uniform Laws on the Subjet of Bankrupties throughout the United States3 6 To oin Money, regulate the Value thereof and of foreign Coin, and fix the Standard of Weights and Measures j

12 20 THE JOURNAL OF THE To provide for the Punishment of ounterfeiting the Seurities ' and urrent Coin of the United States, To establish Post Offies and Post Roads ; To promote the Progress of Siene and useful Arts, by seuring, for limited Times, to Authors and Inventors, the exlusive Right to their respetive Writings and Disoveries 5 ' To onstitute Tribunals inferior to the Supreme Court, ' To define and punish Piraies and Felonies ommitted on the high Seas, and Offenes against the Law of Nations; To delare War, grant Letters of Marque and Reprisal, and make Rules onerning Captures on Land and Water 3 To raise and support Armies but no Appropriation of Money ' to that Use shall be for a longer Term than two Years 3 To provide and maintain a Navy3 ' To make Rules for the Government and Regulation of the ' Land and Naval Fores ; To provide for alling forth the Militia to exeute the Laws of the Union, suppress Insurretions, and repel Invasions 3 6 To provide for Organizing, Arming and Disiplining, the Mi litia, and for governing suh Part of them as may be employed in the Servie of the United States, reserving to the States respe- ' tively the Appointment of the Offiers, and the Authority of 6 Training the Militia aording to the Disipline presribed by Congress: To exerise exlusive Legislation in all Cases whatsoever, over suh Distrit (not exeeding ten Miles Square) as may, by Cession of partiular States, and the Aeptane of Congress, beome the ' Seat of the Government of the United States, and to exerise like ' Authority over all Plaes purhased by the Consent of the Legis lature of the State in whih the same shall be, for the Eretion of ' Forts, Magazines, Arsenals, Dok-Yards, and other needful Build ings; And To make all Laws whih shall be neessary and proper for arry ing into Exeution the foregoing Powers, and all other Powers ' vested by this Constitution in the Government of the United ' States, or in any Department or Offier thereof. ' Set. 9. The Migration or Importation of suh Persons as any ' of the States now existing shall think proper to admit, shall not be

13 RUTGERS UNIVERSITY LIBRARY 21 prohibited by the Congress prior to the Year One Thousand Eight Hundred and Eight, but a Tax or Duty may be imposed on suh Importation, not exeeding Ten Dollars for eah Person. The Privilege of the Writ of Habeas Corpus shall not be sus pended, unless when in Cases of Rebellion or Invasion the publik Safety may require it. No Bill of Attainder, or ex post fato Law shall be passed. No Capitation, or other diret, Tax, shall be laid, unless in Pro portion to the Census or Enumeration herein before direted to be taken. No Tax or Duty shall be laid on Artiles exported from any State. No Preferene shall be given by any Regulation of Com mere or Revenue to the Ports of one State over those of another ; nor shall Vessels bound to, or from, one State, be obliged to enter, lear, or pay Duties in another. No Money shall be drawn from the Treasury, but in Conse- ' quene of Appropriations made by Law; and a regular Statement and Aount of the Reeipts and Expenditures of all publik Money shall be published from Time to Time. No Title of Nobility shall be granted by the United States: And no Person holding any Offie of Profit or Trust under them, shall, without the Consent of the Congress, aept of any Present, Emolument, Offie or Title, of any Kind whatever, from any King, Prine or foreign State. ' Set. o. No State shall enter into any Treaty, Alliane, or Confederation; grant Letters of Marque and Reprisal; oin Money ; emit Bills of Credit 3 make any Thing but Gold and Silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post fato Law, or Law impairing the Obligation of Contrats, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, exept what may be absolutely neessary for exeuting its Inspetion Laws; and the net Produe of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all suh Laws shall be subjet to the Revision and Con trol of the Congress. No State shall, without the Consent of Con gress, lay any Duty of Tonnage, keep Troops, or Ships of War, in Time of Peae, enter into any Agreement or Compat with another

14 22 THE JOURNAL OF THE State, or with a foreign Power, or engage in War, unless atually 6 invaded, or in suh imminent Danger as will not admit of Delay. ' A R T I C L E II. Set, i. The Exeutive Power shall be vested in a President of ' the United States of Ameria. He shall hold his Offie during the ' Term of four Years, and, together with the Vie President, hosen ' for the same Term, be eleted as follows: ' Eah State shall appoint, in suh Manner as the Legislature ' thereof may diret, a Number of Eletors, equal to the whole < Number of Senators and Representatives to whih the State may be entitled in the Congress -ybut no Senator or Representative, or Person holding an Offie of Trust or Profit under the United States, shall be appointed an Eletor. The Eletors shall meet in their respetive States, and vote by Ballot for two Persons, of whom one at least shall not be an In- ' habitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for 6 eah 3 whih List they shall sign and ertify, and transmit sealed to ' the Seat of the Government of the United States, direted to the President of the Senate. The President of the Senate shall, in the ' Presene of the Senate and House of Representatives, open all the Certifiates, and the Votes shall then be ounted. The Person hav ing the greatest Number of Votes shall be the President, if suh Number be a majority of the whole Number of Eletors appointed, and if there be more than one who have suh Majority, and have ' an equal Number of Votes, then the House of Representatives ' shall immediately hoose by Ballot one of them for President; and i if no Person have a Majority, then from the five highest on the 6 List the said House shall in like Manner hoose the President. < But in hoosing the President, the Votes shall be taken by States, the Representation from eah State having one vote; a Quorum 6 for this Purpose shall onsist of a Member or Members from two ' Thirds of the States, and a Majority of all the States shall be ne- ' essary to a Choie. In every Case, after the Choie of the Presi dent, the Person having the greatest Number of Votes of the ' Eletors shall be the Vie President. But if there should remain ' two or more who have equal Votes, the Senate shall hoose from them by Ballot the Vie President.

15 RUTGERS UNIVERSITY LIBRARY 23 The Congress may determine the Time of hoosing the Eletors, and the Day on whih they shall give their Votes ; whih Day shall be the same throughout the United States. No Person exept a natural-born Citizen, or a Citizen of the United States at the Time of the Adoption of this Constitution, shall be eligible to the Offie of President ; neither shall any Person be eligible to that Offie who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. In ase of the Removal of the President from Offie, or of his Death, Resignation, or Inability to disharge the Powers and Duties of the said Offie, the same shall devolve on the Vie- President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vie-President, delaring what Offier shall then at as President, and suh Offier shall at aordingly until the Disability be removed, or a President shall be eleted. ' The President shall, at stated Times, reeive for his Servies, a Compensation, whih shall neither be enreased nor diminished during the Period for whih he shall have been eleted, and he shall not reeive within that Period any other Emolument from the United States, or any of them. ' Before he enter on the Exeution of his Offie, he shall take the following Oath or Affirmation: " I do solemnly swear (or affirm) that I will faithfully exeute the Offie of President of the United States, and will, to the best of my Ability, preserve, protet and defend the Constitution of the United States." Sea. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when alled into the atual Servie of the United States ; he may require the Opinion, in Writing, of the prinipal Offier in eah of the exeutive Departments, upon any Subjet relating to the Duties of their respetive Offies, and he shall have Power to grant Reprieves and Pardons for Offenes against the United States, exept in Cases of Impeahment. He shall have Power, by and with the Advie and Consent of the Senate, to make Treaties, provided two Thirds of the Senators present onur 3 and he shall nominate, and by and with the Advie

16 24 THE JOURNAL OF THE and Consent of the Senate, shall appoint Ambassadors, other pub lik Ministers and Consuls, Judges of the Supreme Court, and all other Offiers of the United States, whose Appointments are not 6 herein otherwise provided for, and whih shall be established by Law. But the Congress may by Law vest the Appointment of suh inferior Offiers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vaanies that may happen during the Reess of the Senate, by granting Commissions whih shall expire at the End of their next Session. Set. 3. He shall from Time to Time give to the Congress In formation of the State of the Union, and reommend to their Consideration suh Measures as he shall judge neessary and ex pedient; he may, on extraordinary Oasions, onvene both Houses, or either of them, and in ase of Disagreement between them, with Respet to the Time of Adjournment, he may adjourn them to suh Time as he shall think proper; he shall reeive Ambassadors ' and other publik Ministers; he shall take Care that the Laws be faithfully exeuted, and shall ommission all the Offiers of the United States. Set. 4. The President, Vie-President, and all ivil Offiers of the United States, shall be removed from Offie on Impeahment * for, and Convition of, Treason, Bribery, or other high Crimes and Misdemeanors. ' A R T I C L E III. Set. 1. The judiial Power of the United States shall be vested in one Supreme Court, and in suh Inferior Courts as the Congress may from Time to Time ordain and establish. The Judges, both of the Supreme and Inferior Courts, shall hold their Offies during good Behaviour, and shall, at stated Times, reeive for their Serv- ' ies a Compensation, whih shall not be diminished during their Continuane in Offie. Set. 2. The judiial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or whih shall be made, under their Authority; to all Cases affeting Ambassadors, other publik Min-

17 RUTGERS UNIVERSITY LIBRARY 25 ' isters and Consuls; to all Cases of Admiralty and Maritime Juris dition; to Controversies to whih the United States shall be a Party; to Controversies between two or more States, between a State and Citizens of another State, between Citizens of different States, between Citizens of the same State laiming Lands under ' Grants of different States, and between a State, or the Citizens ' thereof, and foreign States, Citizens or Subjets. In all Cases affeting Ambassadors, other publik Ministers and ' Consuls, and those in whih a State shall be Party, the Supreme Court shall have original Jurisdition. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdition, both as to Law and Fat, with suh Exeptions, and under suh Regulations as the Congress shall make. The Trial of all Crimes, exept in Cases of Impeahment, shall be by Jury; and suh Trial shall be held in the State where the said Crimes shall have been ommitted; but when not ommitted within any State, the Trial shall be at suh Plae or Plaes as the É Congress may by Law have direted. Set. 3. Treason against the United States, shall onsist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be onvited of Treason unless on the Testimony of two Witnesses to the same overt At, or on Confession in open Court. The Congress shall have Power to delare the Punishment of ' Treason, but no Attainder of Treason shall work Corruption of ' Blood, or Forfeiture exept during the Life of the Person attainted. ' A R T I C L E IV. Set. 1. Full Faith and Credit shall be given in eah State to the publik Ats, Reords, and judiial Proeedings of every other State. And the Congress may by general Laws presribe the Man- ' ner in whih suh Ats, Reords and Proeedings shall be proved, and the Effet thereof. Set. 2. The Citizens of eah State shall be entitled to all Privileges and Immunities of Citizens in the several States. ( A Person harged in any State with Treason, Felony or other Crime, who shall flee from Justie, and be found in another State, shall, on Demand of the Exeutive Authority of the State from

18 26 THE JOURNAL OF THE whih he fled, be delivered up, to be removed to the State having Jurisdition of the Crime. No Person held to Servie or Labour in one State, under the Laws thereof, esaping into another, shall, in Consequene of any Law or Regulation therein, be disharged from suh Servie or Labour, but shall be delivered up on Claim of the Party to whom suh Servie or Labour may be due. 6 Set. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or ereted within the Jurisdition of any other State; nor any State be formed by the Juntion of two or more States, or Parts of States, without the Consent of the Legislatures of the States onerned as well as of the Congress. The Congress shall have Power to dispose of and make all need ful Rules and Regulations respeting the Territory or other Prop- * erty belonging to the United States; and Nothing in this Constitu tion shall be so onstrued as to prejudie any Claims of the United States, or of any partiular State. Set. 4. The United States shall guarantee to every State in this Union a Republian Form of Government, and shall protet eah of them against Invasion; and on Appliation of the Legislature, or of the Exeutive (when the Legislature annot be onvened) against domestik Violene. ' A R T I C L E V. The Congress, whenever two Thirds of both Houses shall deem it neessary, shall propose Amendments to this Constitution, or, on the Appliation of the Legislatures of two Thirds of the several States, shall all a Convention for proposing Amendments, whih, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three Fourths of the several States, or by Conventions in three Fourths thereof, as the one or the other Mode of Ratifiation may be pro posed by the Congress: Provided, that no Amendment, whih may be made prior to the Year One Thousand Eight Hundred and ' Eight, shall in any Manner affet the first and fourth Clauses in the ninth Setion of the first Artile; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

19 RUTGERS UNIVERSITY LIBRARY 27 < A R T I C L E VI. All Debts ontrated, and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States whih shall be made in Pursuane thereof 5 and all Treaties made, or whih shall be made, under the Authority of the United States; shall be the supreme Law of the Land: And the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the ontrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all Exeutive and Judiial Offiers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualifiation to any Offie or publik Trust under the United States. ' A R T I C L E VII. The Ratifiation of the Conventions of nine States shall be suffi ient for the Establishment of this Constitution between the States so ratifying the same/ AND WHEREAS Congress, on the twenty-eighth Day of September last, unanimously did Resolve, 'That the said Report, with the Resolutions and Letter aompanying the same, be transmitted to the several Legislatures, in order to be submitted to a Conven tion of Delegates, hosen in eah State by the People thereof, in Conformity to the Resolves of the Convention, made and provided in that Case.' AND WHEREAS the Legislature of this State did, on the twenty-ninth Day of Otober last, Resolve in the Words following, viz. Resolved unanimously, That it be reommended to suh of the Inhabitants of this State as are entitled to vote for Representatives in General Assembly, to meet in their respetive Counties on the fourth Tuesday in November next, at the several Plaes fixed by Law for holding the annual Eletions, to hoose three suitable

20 28 THE JOURNAL OF THE Persons to serve as Delegates from eah County in a State Conven tion, for the Purposes herein before mentioned; and that the same be onduted agreeably to the Mode, and onformably with the Rules and Regulations presribed for onduting suh Eletions. Resolved unanimously, That the Persons so eleted to serve in State Convention, do assemble and meet together on the seond 6 Tuesday in Deember next, at Trenton, in the County of Hunter don, then and there to take into Consideration the aforesaid Con stitution; and if approved of by them, finally to ratify the same in Behalf and on the Part of this State; and make Report thereof to the United States in Congress assembled, in Conformity with the Resolutions thereto annexed. ' Resolved, That the Sheriffs of the respetive Counties of this State shall be, and they are hereby required to give as timely Notie as may be by Advertisements to the People of their Coun ties, of the Time, Plae and Purpose of holding Eletions as afore said.' AND WHEREAS the Legislature of this State did also, on the first Day of November last, make and pass the following At, viz. ' An ACT to authorize the People of this State to meet in Conven tion, deliberate upon, agree to, and ratify the Constitution of the United States, proposed by the late General Convention. i F)E it Enated by the Counil and General Assembly of this JJ State, and it is hereby Enated by the Authority of the same, that it shall and may be lawful for the People thereof, by their Delegates, to meet in Convention, to deliberate upon, and, if ap proved of by them, to ratify the Constitution for the United States, ' proposed by the General Convention, held at Philadelphia, and ' every At, Matter and Clause therein ontained, onformably to the Resolutions of the Legislature, passed the twenty-ninth Day of Otober, Seventeen Hundred and Eighty-seven, any Law, Usage or Custom to the ontrary in anywise notwithstanding.' NOW BE IT KNOWN, That we, the Delegates of the State of New-Jersey, hosen by the People thereof, for the Purposes aforesaid, having maturely deliberated on and onsidered the aforesaid proposed Constitution, do hereby, for and on the Behalf of the

21 RUTGERS UNIVERSITY LIBRARY 29 People of the said State of New-Jersey, agree to, ratify and onfirm the same, and every Part thereof. Done in Convention, by the unanimous Consent of the Members present, this eighteenth Day of Deember, in the Year of our LORD One Thousand Seven Hundred and Eighty-seven, and of the Independene of the United States of Ameria the twelfth. IN WITNESS whereof we have hereunto subsribed our Names. Resolved> That the Seretary be direted to ause two Copies of the Federal Constitution, together with the Form of the Ratifiation, &. as agreed to, engrossed on Parhment, in a neat and orret Manner, to be laid before the Convention To-morrow Morning, for the Purpose of Signature; one for the Congress of the United States, and the other to be deposited among the Arhives of this State. The Convention adjourned till To-morrow Morning ten o'clok. Wednesday, Deember 19, The Convention met Present as before. Mr. Whillden, from the Committee appointed for the Purpose of reporting a State of the Expenes, &. made their Report; whih was ordered to lie on the Table for Consideration. The Seretary, agreeably to the Order of Yesterday, laid before the Convention two Copies of the Federal Constitution, &. together with the Form of the Ratifiation as agreed to, engrossed on Parhment, for the Purpose of Signature; whereupon the Members of Convention proeeded to subsribe their Names thereto, and the Seretary to attest the same, in the following Order: JOHN STEVENS, President, And Deputy from Hunterdon. BERGEN, ESSEX, JOHN FELL, PETER ZABRISKIE, CORNELIUS HENNION. JOHN CHETWOOD, SAMUEL HAY, DAVID CRANE.

22 30 MIDDLESEX, MONMOUTH, SOMERSET, BURLINGTON, GLOUCESTER, SALEM, THE JOURNAL OF THE JOHN NEILSON, JOHN BEATTY, BENJAMIN MANNING. ELISHA LAWRENCE, SAMUEL BREESE, WILLIAM CRAWFORD. JOHN WITHERSPOON, JACOB R. HARDENBERGH, FREDERICK FRELINGHUYSEN. THOMAS REYNOLDS, GEORGE ANDERSON, JOSHUA M. WALLACE. RICHARD HOWELL, ANDREW HUNTER, BENJAMIN WHITALL. WHITTEN CRIPPS, EDMUND WETHERBY. CAPE-MAY, HUNTERDON, JESSE HAND, JEREMIAH ELDREDGE, MATTHEW WHILLDEN. DAVID BREARLEY, JOSHUA CORSHON. MORRIS, CUMBERLAND, SUSSEX, Attest, SAMUEL W. WILLIAM WINDES, WILLIAM WOODHULL, JOHN J. FAESCH. DAVID POTTER, JONATHAN BOWEN, ELI ELMER. ROBERT OGDEN, THOMAS ANDERSON, ROBERT HOOPS. STOCKTON, Seretary. Resolved, That the Convention go in Proession to the Courthouse this Day at one o'clok, and that the Seretary be direted to read

23 RUTGERS UNIVERSITY LIBRARY 31 the Ratifiation of the Constitution in the Hearing of the People, whih was done aordingly. Resolved, That the Ratifiation of the Federal Constitution as agreed to, and signed by this Convention, be delivered by the President of this Convention to the President of Congress in Congress assembled. The Convention adjourned to six o'clok this Evening. The Convention met Present as before. Resolved, That the Seretary be direted to deliver the Dupliate of the Ratifiation of the Federal Constitution to the Governor of this State, for the Purpose of being lodged among the Arhives of the State. Resolved, That Mr. Brearley and Mr. G. Anderson be a Committee to revise and orret the Minutes of the Convention. Resolved, That the Seretary transribe the Minutes of this Convention, and deliver the same to the Speaker of the Assembly; that he also make a Copy to be delivered to the Printer of the State for Publiation; and that seven hundred and fifty Copies of the said Minutes be printed, and delivered to the Members of the Convention, to be by them distributed among those Persons who are entitled to reeive the Votes and Ats of the Legislature of this State. The Convention adjourned till To-morrow Morning ten o'clok. Thursday, Deember 20, The Convention met Present as before. Resolved unanimously, That it is the Opinion of this Convention, that the State of New-Jersey should offer a Cession to Congress of a Distrit, not exeeding ten Miles Square, for the Seat of the Government of the United States, over whih they may exerise exlusive Legislation. The Report of the Committee appointed for the Purpose of reporting a State of the Expenes, &. being again read and amended, was agreed to as follows:

24 32 RUTGERS UNIVERSITY LIBRARY 32 THAT the State of New-Jersey is indebted to the several Persons herein named as follows, viz. To Samuel-Witham Stokton, Esquire, Seretary to the Convention, the Sum of Fourteen Shillings per Day, for eah Day he shall have attended, during the Sitting of the Convention, and the Sum of Four-pene per Sheet, rekoning ninety Words to the Sheet, for entering the Minutes of the Proeedings of the Convention fair in the Journals, and at the like Rate for a Copy thereof for the Printer; and that he produe a Certifiate thereof, signed by the President of the Convention, to the Legislature at their next Sitting, for Allowane. To Ditto, for parhment and other Stationary, the Sum of Three Pounds Twelve Shillings. To Ditto, for Cash paid to Clerks for making two fair Copies of the Federal Constitution, with the At and Resolution of the Legislature, &. and the Ratifiation of the said Constitution, at Six Dollars eah, the Sum of Four Pounds Ten Shillings. To Franis Witt, for the Use of a Room and for Firewood during the Sitting of the Convention, the Sum of Four Pounds Two Shillings. To William Rogers, for his Attendane as Doorkeeper to the Convention, the Sum of Two Pounds Ten Shillings. MATTHEW WHILLDEN. Resolved unanimously, That the Thanks of this Convention be presented to the President, for his able and faithful Disharge of the Duties of the Chair. Resolved unanimously, That the President be requested to present the Thanks of this Convention to the Rev. Mr. Armstrong, for his Attendane and Servies during their Sitting. Resolved, That this Convention do now dissolve; whereupon the President dissolved the Convention aordingly.